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Agenda 06/09/2015 Item #16A11 Proposed Agenda Changes Board of County Commissioners Meeting June 9,2015 Continue Item 11E to the June 23,2015 BCC Meeting: Recommendation to adopt a resolution establishing the Ave Maria Innovation Zone to attract and retain qualified targeted industry businesses in the defined unincorporated area of Collier County. (Commissioner Taylor's request) Move Item 16Al2 to Item 11H: Recommendation to hear Land Development Code Amendments 5.05.05 Automobile Service Stations and 2.03.09 Open Space Zoning Districts at two regularly scheduled daytime hearings and waive the night hearing requirement.LDC Amendment 5.05.05 Automobile Service Stations proposes to add a conditional use to several zoning districts. (Commissioner Taylor's request) Move Item 16A18 to Item 11I: Recommendation to quitclaim Collier County's interests in a 30 foot strip of land to Jeff Dami,Calixto Montenegro and World Strategic Alliances,LLC,that was originally deeded to Collier County for road right-of-way by a predecessor in title. (Fiscal Impact: $0) (Commissioner Taylor's request) Add On Item 16F3: Recommendation to suspend contracts with BQ Concrete LLC.,pending completion of the County Manager's internal review of this contractor and subsequent presentation of a report to the Board. (Staff's request) Note: Item 16A11: Recommendation to approve a Resolution establishing the Growth Management Oversight Committee as provided for during the May 26, 2015 Board of County Commissioners public hearing. Staff proposes the following clarification to Section Two, Subparagraph B of the Resolution: B. The Committee shall be comprised of seven (7) members, with one (1) member appointed from each of the four (4) sub-areas and three (3) members at large. Sub-area members must be either residents of, own property in, or have a business interest within the geographic areas of study. At large members can reside anywhere in Collier County without the requirement for residency in the sub- areas or the property or business ownership requirements outlined above. All members shall serve at the pleasure of the Board. The County Manager shall select a staff liaison to attend the Committee meetings and assist the Committee. (Staff's request) 6/9/2015 16.A.11 . EXECUTIVE SUMMARY Recommendation to approve a Resolution establishing the Growth Management Oversight Committee as provided for during the May 26, 2015 Board of County Commissioners public hearing,and direct the County Attorney to modify Ordinance 2001-55 to remove the time limitation for ad hoc committees. OBJECTIVE: Staff is requesting that the Board of County Commissioners (BCC) create the Growth Management Oversight Committee in order to address high level goals associated with four planning study areas. CONSIDERATIONS: At the February 10, 2015 BCC public hearing,the BCC directed staff to initiate the restudy of the four sub area plans/master plans within the Growth Management Plan (GMP) east of County Road 951, with the first being the RFMUD. Since that direction, budget allocations have been provided to initiate the public planning process and staff is in the process of retaining the necessary personnel to perform the task. The BCC, at the May 26, 2015 public meeting, authorized the creation of a public committee, meeting quarterly as the plans mature, to assist in the public planning process. The Growth Management Oversight Committee, which will be appointed by the Board of County Commissioners, shall consist of 7 members, comprised of residents, property and business owners. Its purpose is to assist with public participation within the planning effort. Its focus will be high-level and non-granular, emphasizing consistency, sustainability and economic vitality. The attached Resolution will allow for the advertising to fill the seven seats that will comprise the Growth Management Oversight Committee. Staff will provide the BCC with the list of applicants for appointment to the Committee at the conclusion of the application period as a future BCC public hearing agenda item. FISCAL IMPACT: The principal costs associated with the establishment of the Growth Management Oversight Committee will be those expenses incurred for placing advertisements in the newspaper for committee membership, vacancies and meetings. There will also be costs associated with the Growth Management Oversight Committee meetings relating to the preparation of meeting summaries. These costs will be paid from the Comprehensive Planning Section in the FY14-15 approved budget and subsequent budgets. The Comprehensive Planning Section and other departments and divisions will also provide staff liaison and support as various issues come before the Committee. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Staff s recommendation is to establish an ad hoc committee, which would meet for an estimated 4-5 years. The Board's current advisory Board Ordinance requires that the duration for an ad hoc committee not exceed 3 years. To effectuate this recommendation, the County Attorney recommends that the Advisory Board Ordinance be amended as follows: "Exemption to ordinance requirements: Ad hoc committees and task force committees. The commission may, by resolution, appoint an ad hoc or task force committee for a specific project, if the duration of the committee does not exceed three years duration. The resolution must set forth the duties and responsibilities of the committee and contain language that automatically dissolves the committee upon completion of the project. within the specified year from the date of adoption of the committee members by the commission." (Ord. No. 01-55, § 4, 10-23-01) Packet Page-540- 6/9/2015 16.11. This amendment would give the Board greater flexibility in establishing ad hoc committees in the future, as the resolution creating a particular committee could on Board direction contain a sunset clause. Alternatively, the Growth Management Oversight Committee can be established by Ordinance. With that noted, this item is approved as to form and legality and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: The establishment of this oversight committee and its advancements the public planning process will lead to amendments to the Growth Management Plan. Those amendments identified will be required to satisfy the GMP amendment procedural due process established by Florida Statutes. RECOMMENDATION: That the Board of County Commissioners approves the Resolution establishing the Growth Management Oversight Committee for the duration of the public planning process, which exceeds the limits expressed in Ordinance 2001-55, and direct the County Attorney to modify Ordinance 2001-55 to remove the time limitation for ad hoc committees. Prepared by: Kris Van Lengen,AICP, Community Planning Manager,Planning and Zoning Division, Growth Management Department Attachment: Resolution to create the Growth Management Oversight Committee Packet Page-541- 6/9/2015 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. Item Summary: Recommendation to approve a Resolution establishing the Growth Management Oversight Committee as provided for during the May 26, 2015 Board of County Commissioners public hearing. Meeting Date: 6/9/2015 Prepared By Name: BosiMichael Title: Division Director-Planning and Zoning,Zoning 4/30/2015 3:57:05 PM Approved By Name: PuigJudy Title: Operations Analyst, Operations&Regulatory Management Date: 5/7/2015 8:20:46 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/28/2015 8:11:47 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 5/28/2015 9:07:39 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/28/2015 10:27:40 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 5/28/2015 11:53:48 AM Name: CasalanguidaNick Packet Page -542- 6/9/2015 16.A.11 . Title: Deputy County Manager, County Managers Office Date: 5/28/2015 12:22:50 PM Packet Page-543- 6/9/2015 16.A.11 . RESOLUTION 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ESTABLISH THE GROWTH MANAGEMENT OVERSIGHT COMMITTEE. WHEREAS,on February 10,2015,the Board of County Commissioners directed staff to initiate the review of the four sub-area/master plans within the Growth Management Plan(GMP) east of County Road 951;and WHEREAS, Collier County Ordinance No. 2001-55, as amended, provides that the Board of County Commissioners to promote economy, efficiency and improve service in the transaction of public business with the creation of County Boards;and WHEREAS,the Board at their May 26,2015 Public Hearing approved the establishment of an Oversight Committee to assist in directing the public participation phase of the evaluation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Creation and Purpose of the Growth Management Oversight Committee. Pursuant to the provisions of Collier County Ordinance No. 2001-55, as amended, the Board of County Commissioners(Board)hereby establishes the Growth Management Oversight Committee (Committee) as a committee to assist the Board in facilitating the public review of the four sub-area/master plans within Growth Management Plan,east of County Road 951. SECTION TWO: Terms of Office,Appointment of Members;Failure to Attend Meetings. A. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55, as it may be amended, and members shall serve until completion of the project unless such member resigns or is otherwise removed. B. The Committee shall be comprised of seven (7) members, with one(1) member appointed from each of the four(4)sub-areas and three(3)members at large. Members must be either residents of, own property in, or have a business interest within the geographic areas of study. All members shall serve at the pleasure of the Board. The County Manager shall select a staff liaison to attend the Committee meetings and assist the Committee. C. Removal from office and attendance requirements shall be governed by Collier County Ordinance No. 2001-55, as amended. Members shall serve without compensation, but may be reimbursed for travel,mileage and/or per diem expenses only if approved in advance by the Board. SECTION THREE: Officers,Quorum;and Compensation. At the Committee's first meeting, the membership shall elect a Chair and Vice-Chair. The presence of a majority of the membership shall constitute a quorum. The Committee shall Packet Page-544- 6/9/2015 16.A.11 . adopt rules and procedures for the transaction of business and shall keep the records of meetings, findings and determinations. SECTION FOUR: Functions,Powers,and Duties of the Committee. The functions, powers, and duties of this Committee shall be to aid and assist in the public participation phase of the GMP regulatory review. This may include the following: 1. Assist in determining the most effective venues and dates to hold the public presentations; 2. Assist in composing the information materials to be presented to the public at community meetings at various locations throughout the Study area; 3. Assist in determining the agendas for public meetings; 4. Assist in providing consistency between the planning efforts SECTION FIVE: Dissolution of Committee. Following the duration of the studies and Comprehensive Plan Amendments associated with the four study areas,the Committee shall be dissolved without further act of the Board. This Resolution adopted after motion, second, and majority vote, this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY FLORIDA By: By: ,Deputy Clerk TIM NANCE,CHAIRMAN Approved as to form and legality: Jeffrey A.Klatzkow,County Attorney Packet Page-545-